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Katharine Weber is a Principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Ms. Weber has experience litigating wrongful discharge cases, managing discrimination cases, negotiating collective bargaining agreements, representing employers before the Equal Employment Opportunity Commission and other federal and state agencies, advising management on employment relations, drafting employee handbooks, and negotiating severance agreements.

Learn more about Ms. Weber on Jackson Lewis website.

You can hear the parents wailing across the country (almost like kindergartners on their first day of school), as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual classes for the upcoming year. The collective parent wail is outmatched only by that of their employers, who are

Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers

The 2019 novel coronavirus continues to evolve and has been officially named COVID-19 by the World Health Organization replacing the previous 2019-nCoV designation. There are now over 46,000 confirmed cases across the globe, with the vast majority in mainland China, and 15 confirmed cases in the U.S. Many details about the virus are unknown

The outbreak of the novel coronavirus (2019-nCoV) first identified in Wuhan, Hubei Province, China continues to raise not only health concerns, but issues for employers and employees. Information about the virus continues to evolve. After the World Health Organization declared a Public Health Emergency due to the 2019-nCoV, the Trump Administration announced that, as of

News of an outbreak of a new coronavirus first identified in Wuhan, Hubei Province, China raises issues for employers and employees about the appropriate workplace responses. Many employers are seeking guidance on how best to respond to workplace concerns, especially those with employees engaged in international travel, as well as employers in the healthcare, airline,

Last week Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the ADA was amended, there was some question about how the courts would treat obesity under the ADAAA, especially claims alleging that the employer regarded the employee as disabled.  Fortunately, most federal courts to have considered the issue have concluded that obesity that is not a caused by an underlying physiological disorder is not a disability under the ADAAA.  On February 3, 2017, an Arizona district court joined the Eighth, Sixth, and Second Circuits in holding that obesity (including even morbid obesity) cannot qualify as a disability under the ADAAA unless it falls outside the normal range and occurs as the result of a physiological disorder.  In doing so, the Arizona court added its voice to the growing majority view expressly rejecting the EEOC’s contrary position on this issue.
Continue Reading Weighty Issues: Obesity And The But-For Test Under The ADAAA

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before you can change their work schedule. Perhaps a few of the counties also enact an increased minimum wage of $15 an hour –much like the proposal to increase the minimum wage that was supposed to be voted upon in Cleveland in May of 2017. Would you want to continue to do business in Columbus or would you curtail your growth in that city and look for a more employer friendly home for your future business locations?
Continue Reading Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

The most famous reindeer of all may be Rudolph, but St. Nick has the lock on being the most famous driver in the entire transportation industry. And with such an incredible safety record and history of on-time deliveries, would we ever think of Santa as being disabled under the ADAAA?
Continue Reading Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All

On Election Day, voters in Arizona and Washington approved measures requiring employers in their respective states to provide paid sick leave and requiring employers to raise the minimum wage. They join the PSL states of California, Connecticut, Massachusetts, Oregon, and Vermont and an ever growing patchwork of cities and counties.
Continue Reading Arizona and Washington Join The PSL Patchwork